Terms & Conditions
AGREEMENT
The Terms and Conditions of contained herein are the exclusive terms and conditions for the
sale of products from Wick's Sports Lettering (Seller). Any entity that enters in to a business transaction
with the Seller will be referred to as the Buyer. The Buyer agrees that the terms and conditions stated
herein constitute the final, complete, exclusive expression of the agreement between Seller and Buyer.
The Buyer, by submitting any order request for an order, hereby agrees to the terms and conditions set
forth herein and acknowledges that Buyer has read and understands the same. By submitting an order,
requesting to purchase any product, or taking receipt of Seller's products, Buyer consents to the exclusive
jurisdiction of the state and federal courts located in the State of Virginia. The Seller reserves the right
to modify these Terms & Conditions at any time without notice to the Buyer.
QUOTES
Quotes are free of charge and can be issued in writing or over the phone.
Phone quotes are good for 5 working days from the date issued provided customer
leaves their name and phone number. Written quotes are good for thirty (30)
days from the date issued.
WORK ORDERS
Buyer acknowledges that they have reviewed the job description as documented
on their work order quote or invoice for spelling, design, layout, and over
all correctness. Buyer shall provide a signed and dated copy of this quote
or invoice to the Seller before any work will commence on their order.
TURN AROUND TIME
Most work orders are scheduled for 2 week turn around (10 working days)
from the date of order placement. Failure of the Buyer to provide art proof
approval in writing by faxing signed proof back to Seller may delay deliverable
date. We ask that the Buyer always proof art promptly to avoid any production
delays. Longer turn around times can occur during our busy season or for
special orders requiring additional attention to detail like custom Tackle
Twill. The Seller's sales representative will always determine turn around
time for the Buyer during initial order entry.
ORDER CANCELLATION
In the case of an order cancellation, if the Seller has already commenced
working on the order, he shall be entitled to full reimbursement for any
costs already incurred. Further, the Buyer will be subject to a 25% restocking
fee for any items that have not been printed and can be returned to the
Seller's supplier. Any items that can not be returned and were not printed
(or embroidered) will be charged to the Buyer at undecorated market price.
All reimbursements shall be taken from the Buyer's advance deposit and the
balance refunded to the customer. In the event that no deposit was collected
or reimbursement exceeds deposited amount, the Buyer will be responsible
for settling outstanding balance within 5 days of cancellation.
PAYMENT TERMS
For all new customers we require a 50% deposit, which will not earn interest,
at the time the order is placed. Remaining balance is due at the time order
is picked up, delivered, or prior to shipment of order to Buyer. All orders
are subject to a +/- 5% fill deviation, and the amount invoiced will be
increased or decreased accordingly. Final invoice amount may vary from quote
due to misprints, bad stitching, and/or manufacturer's defect. Net 30 terms
are available for repeat Buyers pending acceptance of a credit application
and/or personal guarantee. Acceptable methods of payment are Cash, Check,
Visa, MasterCard, American Express, Discover, and pre-approved Buyer P.O.s.
Seller reserves the right to request payment in full up front.
TAXES
The Buyer will pay all sales, use and other taxes and impositions, except
net income taxes, due or arising in connection with this sale or applicable
to the goods after delivery.
BAD CHECKS
If a Buyer's check is returned for any reason, the Seller will assess a
$25 processing fee to Buyer's invoice for each occurrence. All other late
payment fees will still apply.
RETURNS AND REFUSALS
In no case are goods to be returned without first obtaining Seller's permission.
Seller reserves the right not to accept the return of goods from a Buyer
who has waited for more than five (5) business days after the date of order
delivery before notifying the seller of the defective merchandise.
REJECTS
Buyer shall have the right to purchase reject material at a reduced cost
to be determined by Seller. If Buyer declines to purchase rejects, Seller
has the right to sell them as seconds or irregulars in any manner he sees
fit. If Buyer provided the goods for decoration, he shall be entitled to
all rejects. Reject rates on Seller's goods shall be within excepted industry
standards.
SHORTAGES OR DAMAGES
All claims for shortages or damaged goods must be made by the Buyer within
72 hours of receipt of merchandise.
OVERRUNS OR UNDERRUNS
Overruns or underruns not to exceed 5% on quantities ordered and/or the
percentage agreed upon over or under quantities ordered shall constitute
acceptable delivery. Seller will bill for actual quantity delivered within
this tolerance. If customer requires guaranteed "no less than"
delivery, percentage tolerance of overage must be doubled.
SUPPLIED GARMENTS
The Seller is not responsible for garments that are defective from the manufacturer.
We can not guarantee printing on customer supplied garments. Certain fabric
treatments may lead to ink bleeding or lack of adhesion. Special materials
like Nylon, Satin, Lyrcra, Jackets, or other garments requiring Nylobond
additive in the ink or garments requiring special handling or setup will
incur additional production fees.
ART PROOFS
Art proofs will be faxed or provided to the Buyer prior to the commencement
of garment decoration. Art proofs must be returned to the Art department
with the Approval box checked and a signature indicating the Buyer's approval.
If revised art proofs are desired, request must be made when art proofs
are returned. Seller regrets any errors that may occur through productions
undetected, but cannot be held responsible for errors if the work is printed
per Buyer's approval or if changes are communicated verbally. Seller shall
not be responsible for errors if the Buyer has not ordered or has refused
to accept art proofs or has failed to return art proofs with indication
of changes or has instructed Seller to proceed without submission of art
proofs.
ARTWORK SPECIFICATIONS
All Buyer submitted artwork must adhere to the following specifications
or be subject to an art fee of $50 per hour for any required modifications.
Submitted artwork needs to be in a vector based format and must have all
text converted to OUTLINES. (Note: Converting to outlines is very important
as we may not have some of the fonts used in your design.) Vector based
formats include CDR (Corel Draw v9 or less), AI (Adobe Illustrator v7 or
less), or an EPS (Encapsulated Post Script) based format. All other formats
are subject to modification to make print worthy and thus will be assessed
an art fee based on time required to convert. For a detailed explanation
of our artwork specifications ask your salesperson for a copy of our Artwork
FAQ.
PREPARATORY WORK
Sketches, copy, dummies and all preparatory work created or furnished by
the Seller, shall remain his exclusive property and no use of the same shall
be made, nor any ideas obtained there from be used, except upon compensation
to be determined by the Seller.
PREPARATORY MATERIALS
Artwork, type, screens, negatives, positives, color separations and other
items when supplied by the Seller shall remain his exclusive property unless
otherwise agreed to in writing.
GARMENT COLOR (DYE LOT)
Seller has no control over the colors of garments received from various
manufactures and/or distributors. We therefore cannot guarantee exact color
match across dye lots, styles, sizes, or manufacturers from one order to
the next. The Seller will make every effort to match a customer's order
as closely as possible, and inform the Buyer immediately if color variation
is deemed by the Seller to be substantially different between items on the
same order prior to decorating. Please be advised, however, that the colors
shown on manufacturers and/or distributors color charts may vary slightly
from the actual garment color.
COLLECTION ACTIONS
If the Buyer fails to pay the purchase price , or any part thereof, when
due, the Buyer will further pay a service charge (i) at the rate of 24%
per annum applied to the unpaid balance of the purchase price, if the purchaser
is a corporation; and (ii) at the highest lawful contract rate permitted
under the laws of the state of Seller, applied to the unpaid balance of
the purchase price, in all other cases. In addition the Buyer agrees to
pay a 25% collection fee should it become necessary for the Seller to engage
outside professional services in the collection of this obligation due to
the Buyer's failure to duly and punctually pay the price due and/or reasonable
attorney's fees with court costs.
LIABILITY
The Seller shall not be liable for any breach, default or delay caused by
inability to obtain transportation, inability to obtain materials, delay
in transit from a manufacturer or supplier or failure to make delivery by
a manufacturer or supplier, shortage of fuel, failure of sources of supplies,
strike, lock out, labor disputes, fire, flood, accident, invasion, riot,
war, revolution, embargo, restraint or demand of the United States or any
other government, failure of Buyer to perform its obligations with respect
to this transaction, or any other cause or contingency beyond the control
of the Seller.
INDEMNIFICATION
The Buyer will indemnify the Seller, and hold the Seller harmless from and
against all claims, demands, liabilities and expenses, including (without
limitation) claims of infringement of patent, trade mark, copyright or other
proprietary right, invasion of privacy, or any other matter, arising from
the use of any picture, plate, advertising copy, specifications or material
furnished to the Seller by the Buyer or prepared by the Seller at Buyer's
request including reasonable attorney's fees with court costs.
BUYER'S PROPERTY
The Seller will maintain fire, extended coverage vandalism, malicious mischief
and sprinkler leakage insurance on all property belonging to the Buyer,
while such property is in the Seller's possession; Seller's liability for
such property shall not exceed the amount recoverable from such insurance.
DELIVERY
Unless otherwise specified, the price quoted is for Buyer pickup of order
at Seller's store location at 8766 Richmond Hwy., Alexandria, VA. 22309.
Orders marked for shipping will be sent UPS Ground, unless otherwise requested
by the Buyer, at current shipping rates for selected carrier and method
of shipment. Shipping charges will be added to Buyer's invoice at the time
of shipping, possibly modifying the quoted amount for order if shipping
was not estimated at time of order placement. Special Delivery by the Seller
will be accommodated on some orders at the sole discretion of the Seller.
GENERAL WARRANTY
Seller shall disclaim any and all express or implied warranties of merchantability
or warranty of fitness for a particular purpose. Although the Seller uses
quality materials, due to the wide variation in laundering conditions and
detergents, Seller does not guarantee against fading or shrinkage of garments
during laundering.
SUBSTITUTIONS
Seller reserves the right to substitute materials of equal or better quality
with notification to the Buyer, unless advance notification is waived by
the Buyer in writing.
PACKAGING
All items shall be "bulk" packaged.
| 
